I need legal help. Where can I find help via the Internet?

Google

  1. A quick Google search using main keywords can help you find the assistance you need or educate you on how to resolve an issue.
    • Example 1: (How do I establish a conservatorship?) If a conservatorship needs to be established, search “conservatorship California” and you will be directed to information on when a conservatorship is necessary and step-by-step information on how to complete the forms.
    • Example 2: (Have I been wrongfully terminated?) If you are unsure if you have been wrongfully terminated, you can search “wrongful termination California”. There you will find what constitutes a wrongful termination and what legal action can potentially be sought.
    • Example 3: (I am in the process of a divorce. What do I do?) If you are in the process of a divorce, you can search “divorce laws in California” and you will find information about the divorce process on the California Courts site along with child support information, annulments, property during a separation, etc.
    • Example 4: (What are my rights as a tenant/landlord?) If you would like to know more about your rights as a tenant or a landlord, search “tenant/landlord rights California” or visit https://www.santabarbaraca.gov/services/home/rhm/resources/mediation.asp to view their landlord/tenant’s rights handbooks.
    • Example 5: (Have I reached the statute of limitations?) To define, a statue of limitations is a law that sets the maximum time after an event within which legal action may potentially be sought. In a personal injury situation, legal action may potentially be sought within two years from the date of injury. In a libel or slander situation, the statute of limitation is one year from the date of injury. For a medical malpractice issue, the statute of limitations is within one year after the plaintiff discovers the injury or within three years of the date of the injury, whichever comes first.

5150 Hold 101

What is a 5150 hold?

A 5150 hold allows an individual with a mental illness to be involuntarily held for a 72-hour psychiatric hospitalization. The hold may not last for the full 72 hours, but the hospital has the legal right to determine the length of stay within that 72-hour period.

Section 5150 of the California Welfare and Institutions Code states that any California peace officer can insist on the confinement of a person who is exhibiting “probable cause” to make him or her believe that the behavior called to their attention is the “result of a mental disorder, a danger to others, or to himself or herself, or gravely disabled.” Each state has their own version of the hold, though California’s 5150 provision allows the state to take a person in no matter where his or her primary residence is.

What makes someone eligible for a 5150 hold?

There are three conditions that can make someone eligible for a 5150 hold. However, only one condition needs to be met to involuntarily hold someone. Such conditions must be present in the context of a mental illness. The three conditions are:

  1. If the person is a danger to him/herself: For example, someone who is suicidal and/or has a plan to do harm him/her self falls into this category.
  2. If the person is a danger to others: Someone who is a threat to the safety of others.
  3. If the person is gravely disabled:
    1. Adults – The person’s mental illness prevents him/her from being able to provide for shelter, clothing and/or food, and they have no one to assist. The homeless may not necessarily be eligible if they are able to seek housing when weather demands. Such inabilities must stem from the psychiatric condition.
    2. Minors (Under 18)- The person is unable to provide for his/her food, clothing and/or shelter even if they are being provided. An example of this may be someone not eating because they believe they are trying to be poisoned.

What Are My Rights in a Mental Health Facility?

You can find out your rights by reading the linked handbook below:

http://www.dhcs.ca.gov/services/Documents/DHCS_Handbook_English.pdf

Family Law Basics

Family law can be a stressful and emotional time for those going through a divorce or separation. Most importantly, parents who have minor children together are often required to undergo the ordeal of deciding on custody rights, visitation rights, and child support, making the process taxing for both parties. Here is some of the basic background information on issues regarding Family Law matters:

Divorce: The separation of a legal spousal relationship, commonly known as the separation of a marriage, is also recognized as the separation of civil unions or domestic partnerships.

In the state of California, divorce proceedings do not require proof of reasoning for the divorce, making it a “no-fault” state. Parties may cite “irreconcilable differences” or “irreparable breakdown of marriage” when filing divorce papers. Additionally, finalized divorce decrees may not be granted until 6 months after the papers are received by the respondent or the respondent’s first appearance in court. Judges may also postpone divorce proceedings for up to 30 days if there is a reasonable possibility of reconciliation.

Child Custody: In the state of California, child custody laws refer to two types of custody:

Legal Custody: This refers to the parent’s ability to make decisions that deal with child’s welfare, including health and education decisions.

Physical Custody: This refers to the physical residence of the child

The most important thing to recognize in child custody laws is that they are created in the child’s best interests. The laws look at six important aspects, including the age and health of the child, emotional ties between parent and the child, ability of parents to care for the child both emotionally and physically, history of violence or substance abuse, and the child’s ties to school home, or community (statelaws.findlaws.com). If neither parent is a reasonable option for a child, there is also the possibility of a Third Person Custody:

Third Person Custody: If the courts determine that either parent’s custody would be harmful to the child, custody may be awarded to someone who has requested custody of the child and that the court finds suitable in the child’s best interests.

Family law matters can be complicated and difficult to get through. If you believe you are in need of an attorney to help you navigate through legal matters, please contact the Santa Barbara Lawyer Referral Service at 805.569.5511